Where Human Rights Meet Administrative Law: Essential Elements and Limits to Delegation: European Court of Justice, Grand Chamber C-355/10: European Parliament v. Council of the European Union

European Constitutional Law Review 3/9, 2013

Posted: 5 Apr 2014

See all articles by Eljalill Tauschinsky

Eljalill Tauschinsky

Amsterdam Centre for European Law and Governance

Maarten den Heijer

University of Amsterdam, Amsterdam Center for International Law

Date Written: December 2013

Abstract

Case C-355/10 deals with institutional questions and with the delicate issue of intercepting migrants at sea, and thus with fundamental rights. The European Parliament had sought the annulment of a decision of the Council, adopted under the regulatory procedure with scrutiny (PRAC), on the grounds that it exceeded the scope of the implementing power in Article 12(5) of the Schengen Borders Code. The decision laid down rules and guidelines for Frontex maritime operations.

The Court annulled the contested decision because it considered that the provisions on interception measures and search and rescue involved important political choices, and that these provisions contain elements that call for the use of legislation instead of an implementing act. However, the Court maintained the effects of the decision until it is replaced by new rules within a reasonable time. In response to the judgment, the Commission presented a fresh proposal for a regulation on 12 April 2013.

Suggested Citation

Tauschinsky, Eljalill and den Heijer, Maarten, Where Human Rights Meet Administrative Law: Essential Elements and Limits to Delegation: European Court of Justice, Grand Chamber C-355/10: European Parliament v. Council of the European Union (December 2013). European Constitutional Law Review 3/9, 2013. Available at SSRN: https://ssrn.com/abstract=2420341

Eljalill Tauschinsky (Contact Author)

Amsterdam Centre for European Law and Governance ( email )

Spui 21
Netherlands

Maarten Den Heijer

University of Amsterdam, Amsterdam Center for International Law ( email )

Spui 21
Amsterdam, 1018 WB
Netherlands

HOME PAGE: http://home.medewerker.uva.nl/m.denheijer/

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